PRACTICE DIRECTION – COMPETITION LAW – CLAIMS RELATING TO THE APPLICATION OF CHAPTERS I AND II OF PART I OF THE COMPETITION ACT 1998 AND CLAIMS MADE UNDER SECTION 101 OF THE DIGITAL MARKETS, COMPETITION AND CONSUMERS ACT 2024

Contents of this Practice Direction

Title	Number
Scope and Interpretation	Para.1.1
Venue	Para.2.1
Notices	Para.3.1
Stays of claims made under section 101 of the 2024 Act	Para 3A.1
Case management	Para.4.1

Scope and Interpretation

1.1

This Practice Direction applies to any claim—

(a) relating to the application of Chapter I or Chapter II of Part I of the Competition Act 1998; or

(b) made in whole or in part under section 101 of the Digital Markets, Competition and Consumers Act 2024.

1.2

In this Practice Direction–

(a) ‘the 1998 Act’ means the Competition Act 1998;

(b) ‘the 2024 Act’ means the Digital Markets, Competition and Consumers Act 2024;

(c) ‘the CMA’ means the Competition and Markets Authority;

(d) ‘CMA breach decision’ has the same meaning as in section 102(5) of the 2024 Act;

(e) ‘competition authority’ means—

(i) the CMA; or

(ii) a regulator as defined in section 54 of the 1998 Act.

Venue

2.1

A claim to which this Practice Direction applies –

(a) must be commenced in the High Court at the Royal Courts of Justice; and

(b) will be assigned to the Chancery Division, unless it comes within the scope of rule 58.1(2), in which case it will be assigned to the Commercial Court of the King’s Bench Division.

2.2

Any party whose statement of case raises an issue relating to the application of Chapter I or II of Part I of the 1998 Act, or who makes a claim in whole or in part under section 101 of the 2024 Act, must –

(a) state that fact in his statement of case; and

(b) apply for the proceedings to be transferred to the Chancery Division at the Royal Courts of Justice, if they have not been commenced there, or in the Commercial or Admiralty Courts; or

(c) apply for the transfer of the proceedings to the Commercial Court, in accordance with rules 58.4(2) and 30.5(3). If such application is refused, the proceedings must be transferred to the Chancery Division of the High Court at the Royal Courts of Justice.

2.3

Rule 30.8 provides that where proceedings are taking place in the King’s Bench Division (other than proceedings in the Commercial or Admiralty Courts), a district registry of the High Court or a county court, the court must transfer the proceedings to the Chancery Division at the Royal Courts of Justice if this Practice Direction applies. However, if any such proceedings which have been commenced in the King’s Bench Division or a Circuit Commercial Court fall within the scope of rule 58.1(2), any party to those proceedings may apply for the transfer of the proceedings to the Commercial Court, in accordance with rules 58.4(2) and 30.5(3). If the application is refused, the proceedings must be transferred to the Chancery Division of the High Court at the Royal Courts of Justice.

2.4

Where proceedings are commenced in or transferred to the Chancery Division at the Royal Courts of Justice in accordance with this paragraph, that court may transfer the proceedings or any part of the proceedings to another court if –

(a) the issue relating to the application of Chapter I or II, has been resolved;

(b) the part of the claim made under section 101 of the 2024 Act has been resolved; or

(c) the judge considers that the proceedings or part of the proceedings to be transferred do not fall within the scope of this Practice Direction

(Rule 30.3 sets out the matters to which the court must have regard when considering whether to make a transfer order.)back to top

Notices

3.1

Any party whose statement of case raises or deals with an issue relating to the application of Chapter I or II or who makes a claim under section 101 of the 2024 Act must serve on the CMA at the same time as serving on the other parties to the claim (addressed to the General Counsel, the Competition and Markets Authority, The Cabot, 25 Cabot Square, London E14 4QZ)—

(a) a copy of the statement of case; and

(b) in the case of a claim made in whole or in part under section 101 of the 2024 Act, the Initial Disclosure List of Documents accompanied by copies of the key documents provided to the other parties to the claim pursuant to paragraph 5 of Practice Direction 57AD.

3.2

Within 28 days of being notified of a claim made under section 101 of the 2024 Act, the CMA shall notify the parties and the court in writing—

(a) whether it has instigated, or has currently decided to instigate, an investigation which concerns the same or similar issues as the claim; or

(b) if not, whether it has currently decided against such investigation.

Stay of claims made under section 101 of the 2024 Act

3A.1

(1) The CMA shall either apply to the court for a stay of a claim made under section 101 of the 2024 Act, or apply for directions concerning such claim pursuant to paragraph (2) below, within 7 days of—

(a) giving notice under paragraph 3.2(a) that it has instigated, or decided to instigate, an investigation which concerns the same or similar issues as the claim; or

(b) deciding at any other time before the conclusion of the proceedings to instigate such investigation.

(2) If it appears to the CMA there is a good reason why the proceedings should not be stayed, the CMA shall make an application for directions in relation to the claim, so as to enable the court to determine whether it is appropriate to stay the proceedings or give further directions. Any such application shall explain why, in the opinion of the CMA, a stay should not be ordered by the Court.

(3) The Court may deal with an application without a hearing in accordance with rule 23.8.

3A.2

The parties to the claim shall be made Respondents to an application made by the CMA under paragraph 3A.1. The application notice shall either request a hearing or request that the application be dealt with without a hearing. If a party disagrees with a request by the CMA that the application be dealt with without a hearing, it shall notify the Court, the CMA and all other parties within seven days of receipt of the CMA’s application notice and explain why a hearing is required.

3A.3

When considering whether to stay a claim made under section 101 of the 2024 Act by reason of a CMA investigation the Court must have regard to all the circumstances including—

(a) the undertaking and digital activity covered by the claim and the investigation;

(b) the terms and the purpose of the relevant requirement covered by the claim and the investigation;

(c) the conduct which is the subject of the claim and the investigation;

(d) the extent to which any factual and/or legal issues considered and determined in the investigation would be relevant to the claim;

(e) the stage of the proceedings at which the stay is sought, and its likely duration; and

(f) in the event that the CMA decision to investigate was taken more than 28 days after notification of the claim, any explanation provided by the CMA for the same.

3A.4

A stay ordered in the circumstances of paragraph 3A.3 shall remain in place for a period of no more than 12 months, unless extended on application by the CMA or otherwise ordered.

3A.5

An application by the CMA to extend the period of a stay ordered in the circumstances of paragraph 3A.3 must be supported by evidence addressing the progress of the investigation and the period within which it is expected to be completed.

3A.6

The CMA must notify the court and the parties in writing within seven days of a CMA breach decision becoming binding on the court pursuant to section 102 of the 2024 Act.

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Case management

4.1 Omitted

4.1A

A  competition authority may make written observations to the court, or apply for permission to make oral observations, on issues relating to the application of Chapter I or II or to a claim made in whole or in part under section 101 of the 2024 Act.

4.2

If a competition authority intends to make written observations to the court, it must give notice to the court of its intention to do so by letter at the earliest reasonable opportunity.

4.3

An application by a competition authority for permission to make oral representations at the hearing of a claim must be made by letter to Chancery Chambers (including the claim number and addressed to the Court Manager, Room TM 6.06, Royal Courts of Justice, Strand, London WC2A 2LL) at the earliest reasonable opportunity, identifying the claim and indicating why the applicant wishes to make oral representations.

4.4

If a competition authority files a notice under paragraph 4.2 or an application under paragraph 4.3, it must at the same time serve a copy of the notice or application on every party to the claim.

4.5

Any request by a competition authority for the court to send it any documents relating to a claim should be made at the same time as filing a notice under paragraph 4.2 or an application under paragraph 4.3.

4.6

Where the court receives a notice under paragraph 4.2 it may give case management directions to the competition authority, including directions about the date by which any written observations are to be filed.

4.7

The court will serve on every party to the claim a copy of any directions given or order made –

(a) on an application under paragraph 4.3; or

(b) under paragraph 4.6.

4.8

In any claim to which this practice direction applies, the court shall direct a pre-trial review to take place shortly before the trial, if possible before the judge who will be conducting the trial.back to top